HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6458/2025 1. Chaina W/o Shri Nishar, Aged About 35 Years, R/o Near Bhagwati School Gangapur City District Sawai Madhopur. 2. Shahnaz W/o Shakeel Ahmed, Aged About 41 Years, R/o Near Ali Masjid Loco Colony Gangapur City District Sawai Madhopur. 3. Afsana W/o Hakeem, Aged About 36 Years, R/o Near Ali Masjid Loco Colony Gangapur City District Sawai Madhopur. 4. Akbar S/o Late Shri Shaukat Khan, Aged About 22 Years, R/o Near Ali Masjid Loco Colony Gangapur City District Sawai Madhopur Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through P.p 2. Ghanshyam S/o Brijmohan, Aged About 40 Years, R/o Bamanwas Patti Khurd Bamanwas District Sawai Madhopur Rajasthan. ----Respondents For Petitioner(s) : Mr. Abdul Rahim Khan For Respondent(s) : Mr. Amit Gupta, PP JUSTICE ANOOP KUMAR DHAND Order 06/11/2025 1. By way of filing this petition, a prayer has been made for quashing the impugned FIR No.201/2025 registered with Police Station Gangapur City, District Sawai Madhopur for the offences under Sections 127(2), 351(2), 189(2) of the BNS and Section 3(1)(f) and 3(1)(r) of the SC/ST Act. (2 of 3) [CRLMP-6458/2025] 2. Learned counsel for the petitioner submits that a suit for injunction was filed by the petitioners against the family members of the complainant before the Court of Assistant District Collector, Gangapur City, wherein, an interim order was passed on 09.05.2025. Counsel submits that the subject land is in possession of the petitioners and when the complainant-respondent wanted to cause damage to the subject land, a complaint under Section 210 BNSS was filed against them before the Court of Additional Chief Judicial Magistrate on 03.07.2025 and the same was sent for investigation, thereafter an FIR No.225/2025 was registered with Police Station Gangapur City, District Sawai Madhopur on 06.08.2025 against the complainant-respondent for the offences under Sections 74, 115(2), 126(2), 352, 329(3) and 189(2) IPC. Counsel submits that in counterblast to the aforesaid proceedings, a false FIR with concocted allegations, for the incident pertaining to 07.07.2025, has been registered on 17.07.2025. Counsel submits that the entire case is false and fabricated, hence interference of this Court is warranted and the impugned FIR is liable to be quashed. 3. Per contra, learned Public Prosecutor opposed the prayer and submitted that the contents of the FIR and allegations levelled therein reveal commission of a cognizable offence, which is required to be investigated by the Investigating Officer, hence interference of this Court is not warranted. 4. Having regard to the facts and circumstances of the case and looking to the fact that the allegations levelled in the FIR reveal commission of cognizable offence, which is required to (3 of 3) [CRLMP-6458/2025] be investigated by the Investigating Officer, this Court while exercising its inherent jurisdiction contained under Section 528 of the BNSS cannot adjudge the correctness and genuineness of the allegations levelled against the petitioner. Certainly, it is job of the Investigating Officer to investigate the same. Hence, under these circumstances, this Court is not inclined to entertain this petition. 5. However, the petitioner would be at liberty to move appropriate representation along with relevant documents in support thereof before the Investigating Officer, who would consider the same strictly in accordance with law. 6. With the aforesaid observations/directions, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/47